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contrary to law, he may cancel the sale, and enforce the collection in accordance with the provisions as to sale, etc. Act No. 206, section 98, provides that whenever lands shall have been sold for non-payment of taxes, and the Auditor General shall discover that a certificate of no taxes charged has been given by "the proper officer" within the time for payment, a certificate of error shall issue, and the deed be cancelled. A tax sale for taxes prior to the act of 1891 was set aside for error not affecting the validity of the tax. Thereafter the county treasurer gave a certificate of "taxes paid," but the Auditor General included the land in a subsequent petition and tax sale. Held, that no certificate of error under section 98 would issue, as the lands, after the sale, were not within sections 58, 59, but under the control of the Auditor General, under sections 138, 139.

Isaac P. Newton v. Perry F. Powers, Auditor General. Mandamus. Denied. Reported in 9 D. L. N. 445 and 91 N. W. 1030.

The provisions of section 66 of the tax law requiring the register of the circuit court to enter opposite each parcel of land under the heading "Amount decreed against said lands," the total amount of the taxes held to be valid does not apply to sales made under the decree of the Supreme Court. An order of the circuit court denying a writ of assistance and holding a tax sale void in a proceeding in which the Auditor General was not a party may be reviewed on a petition for mandamus to compel the Auditor General to refund the taxes held void under the decree.

Detroit and Mackinac Ry. Co. v. Perry F. Powers, Auditor General. Mandamus. Discontinued.

Wolverine Land Co. v. Perry F. Powers, Auditor General. Mandamus. Writ denied. Reported in 95 N. W. 715.

1. Acts, 1869, p. 362, No. 169, § 103, declares that in all cases when land sold for taxes has been conveyed by deed, and the title has been annulled for any of the causes enumerated in section 164, the Auditor General shall refund to the holder of such title the purchase money and interest. Section 164 (page 378), declares that in all suits involving the title to lands sold for taxes claimed by virtue of a deed the person claiming adverse title to such deed, in order to defeat the same, shall prove certain enumerated defects. Held, that section 103 limited refunding to cases where the deed had been annulled for any of the causes enumerated in section 164, and did not authorize such refunding in cases where the tax only had been declared invalid on any of such grounds.

James E. Ball v. Perry F. Powers, Auditor General. Mandamus. Writ denied. Reported in 95 N. W. 539.

1. Lands held by the State upon sales for the taxes of 1888 and 1889 were purchased at the annual tax sale on May 1, 1893, but the purchaser's deeds were afterwards set aside as void, though his money was not refunded. Public Acts, 1891, p. 280, No. 200, contained no provision for repayment to a tax purchaser where his deed had been held void, though previous acts had so provided. Section 111 provided that all lands before returned delinquent, which had not been offered for sale, should be offered under Laws 1889, p. 230, No. 195, and all proceedings relative to the sale of such lands should be conducted according to its provisions; and that

any lands offered under this section and not sold, or that should be bid off for the State, should thereafter be subject to the other provisions of the present act. Held, that the purchaser had bought under Acts 1891, p. 280, No. 200, and was not entitled to the refunding of his money.

Edwin E. Carney v. Perry F. Powers, Auditor General. Mandamus. Denied. Timber cut from State lands was seized by the sheriff of Bay County and sold to relator; subsequent to such sale certain parties claiming to have purchased the timber from the parties who committed the trespass converted the timber to their own use. In a suit brought by relator in trover it was held that the sheriff's sale was ineffectual to give relator title to the timber for the reason that sales to the State for taxes assessed were void and a decree was entered requiring the Auditor General to pay to the relator the sum of $682.66 with interest from May 11, 1894.

Man

Board of Education of Detroit v. State Board of Assessors. damus. Writ Issued. Reported in 10 D. L. N. and 94 N. W. 668. The State Board of Assessors entertaining the view that local assessors had failed to assess property at its full value assumed to exercise the right to determine the actual value of property of the State for the purpose of fixing the rate to be levied upon railroad property under Act 173, of the Public Acts of 1901. Held: That the duty imposed upon the State Board of Assessors under this act, is ministerial merely in character, and consists in determining this rate, from a computation of data, placed in its hands as provided by law; and that the language of Section 11 of Article 14 of the Constitution importing, that this board shall ascertain and determine the average rate upon other property, does not under the general tenor of act 173, imply a determination judicial in character.

CASES PENDING.

Marion Kennedy v. Perry F. Powers, Auditor General. Mandamus. Pending.

Henry L. Morehouse v. Perry F. Powers, Auditor General. Mandamus. Pending.

Detroit United Railway. a corporation v. Board of State Tax Commis sioners and Board of Assessors of the City of Detroit. Mandamus. Pending.

Schuyler S. Olds, Relator v. William A. French, Commissioner of the State Land Office, Respondent Mandamus. Pending on a rehearing.

Board of Supervisors of the County of Alcona v. Perry F. Powers, Auditor General, and Edwin A. Wildey, Commissioner of the State Land Office. Mandamus. No. 19,898. Pending.

Michigan Land and Lumber Co., Ltd. v. Edwin A. Wildey, Commissioner of the State Land Office. Mandamus. Pending.

Peter Radebaugh, Relator v. Michigan State Board of Registration of Medicine, Respondent. Mandamus. Pending.

Board of Supervisors of Alcona County v. Perry F. Powers, Auditor General, and Edwin A. Wildey, Commissioner of the State Land Office. Mandamus. No. 19,845. Issues of fact settled and order certified to court below.

Albert A. Griffin, Relator v. Perry F. Powers, Auditor General, Respondent. Mandamus. Pending.

HABEAS CORPUS.

In re William Stegenga. Petition for writ of habeas corpus. Petition dismissed and petitioner remanded. Reported in 94 N. W. 385.

1. A complaint charging that defendant was found loitering about in common barrooms, wandering about the streets by day and night without any lawful means of support, and without being able to give any satisfactory account of himself, for a period of two weeks, in violation of a city ordinance relating to disorderly persons, did not purport to charge defendant with vagrancy, and was therefore not objectionable for failure to allege such offense.

2. Compiled Laws, § 5923, enumerating certain acts which are thereby declared to constitute disorderly conduct, and the actors disorderly persons, subject to punishment under its provisions, did not deprive the Legislature of power to authorize the City of Grand Rapids to declare other acts than those defined by the statute to constitute disorderly conduct under its city charter, title 3, § 10, authorizing the city to provide for the punishment of vagrants and all disorderly persons, and to punish disorderly persons of all kinds.

3. Where defendant was proved to have been loitering about the streets of a city and in barrooms in idelness for two weeks, without apparent habitation, and without any means of support, but was supported in some manner, and gave no satisfactory explanation of his conduct, he was punishable as a disorderly person at common law.

4. A city ordinance declaring that any person found loitering in any barroom, and without any lawful means of support, or who should not be able to give a satisfactory account of himself, should be deemed disorderly, and on conviction punished, was not a contravention of the constitutional guaranty of personal liberty.

In re Lulu Gerrold. Habeas corpus. Petition dismissed and petitioner remanded.

Lulu Gerrold was held as a witness by the Metropolitan Police of Detroit pending the trial of Forrest Webster for murder, and brought this petition for her release.

In re Lee Mills. Habeas corpus. Prisoner discharged. Reported in 9 D. L. N. 331. 91 N. W. 356.

Section 2261 C. L. requires a written report to be made by the county agent, after the arrest and before further proceedings in cases against juvenile offenders. Reported in 9 D. L. N. 331.

In re Frank C. Andrews. Habeas corpus. In the lower court petitioner was found guilty and an order was entered fixing bail at $100,000; petitioner offered four sureties who collectively could qualify in this amount but the lower court insisted on two sureties each to qualify, in t the sum of $100,000 real estate. Petitioner claimed that this contravened his constitutional rights. Order entered fixing bail at $100,000 with sureties to be approved by the lower court.

CERTIORARI.

Meiko Meyer v. William H. McGregor. Certiorari. Dismissed. Reported in No. 49 D. L. N., Vol. 9.

John R. Bennett v. John M. Carr. Certiorari.

John M. Carr, a justice, refused to issue a warrant on a complaint in writing which charged a person with selling oleomargarine; basing his refusal upon the ground that the complaint charged no offense cognizable' by our State laws. Mandamus was unsuccessfully sought in the Muskegon Circuit Court, to compel the issuance of this warrant. See 10 D. L. N. 407.

MANDAMUS.

Chase S. Osborn, Commissioner of Railroads, Relator v. Detroit, Grand Haven & Milwaukee Railway Co., Respondent. Mandamus. Wayne Circuit Court. Pending.

SCHEDULE C.

This schedule contains a list of quo warranto proceedings commenced either by the Attorney General upon his own relation, or by him upon relation of some other person.

MICHIGAN SUPREME COURT.

QUO WARRANTO CASES DECIDED.

Horace M. Oren, Attorney General, ex rel., Steiner C. Garthe v. James E. Campbell. Quo warranto. Affirmed. Reported in 92 N. W. 787. The finding of the jury on conflicting evidence, that the ballots counted by a board of county canvassers, at a recount, were the same ballots that were voted, is conclusive.

QUO WARRANTO CASES PENDING.

Horace M. Oren, Attorney General, ex rel., Edward N. Breitung, Relator v. Iron Cliffs Co., William G. Mather, Trustee for said Iron Cliffs Co., Fred A. Morse, James H. Hoyt, Edwin B. Hale and George A. Garretson, Respondents. Quo warranto. Pending.

Charles A. Blair, Attorney General, ex rel., James J. Hurley v. Charles T. Bridgeman, Flint P. Smith, William A. Paterson, Francis H. Rankin, William F. Stewart, William E. Braman, George H. Durand, William H. Edwards, Mathew Davison. Quo warranto. Pending.

MICHIGAN CIRCUIT COURTS.

CASES DECIDED.

Horace M. Oren, Attorney General, on the relation of L. E. Kies, W. E. Allen, J. B. Strong and Stephen McCleary, Relators v. T. J. Lowrey, H. S.. Wolworth, C. H. Manzer, C. M. Bross, W. S. Bibbins and Jay Chandler, Respondents. Hillsdale Circuit Court. Quo warranto.

ouster entered.

Judgment of

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